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>> steve: tomorrow on the show, dr. keith ablow with normal or nuts and these folks all in the after the show show. >> gretchen: go on tour in orlando. >> we start in orlando.

>> gretchen: have a great day. >> steve: see you tomorrow, everybody. bill: closing in on history. could it be the dow nearing a record high after a steady climb? we watched this go for a couple months now. while wall street is riding high the same can not be said for all of main street. good morning, everybody. numbers are going up. i'm bill hemmer. well come to "america's newsroom". martha: i'm martha maccallum. good morning, everybody. look at this chart to show you how this plays out. pretty nice chart for the dow jones industrials for the past three months. a huge surge. but the problem it is not felt in the economy and in the jobs market. bill: stuart varney, especially in the jobs market. anchor of "varney & company" on the fox business network. >> good morning bill. bill: we might hit a record when open today. >> 29 minutes from now the dow jones industrial average very likely we open at a higher level than the

previous high close. the previous high was 14,164. we'll probably open right about there this morning. bill: stuart, we mentioned this. why does this not mean more jobs? >> this latest rally, this move to a record high has nothing to do with the underlying economy. this is not the result of a robust economic expansion. this is the result of ben bernanke printing a lot of money. that's why stocks are very close to this all-time high. again nothing to do with the economy. bill: so the markets are flying companies, a good number of them are turning a decent profit is that fair to conclude? >> that is fair to conclude. they are turning very, very good profits. some don't see a bright profit outlook down the road but for now profits are strong. you have all this money from ben. bill: i apologize for the interruption. that takes us to the next question, what is the forecast and does this continue? >> a lot of people think the market rally will continue as long as ben bernanke prints a lot of money.

think of it this way, bill. the economy is weak. ben bernanke prints up all these dollars to try to make for a weak economy. some finds its way into the stock market. all that money printing pushes down your rate of return on a bond or a bank cd. you're pushing for some profit somewhere. so you get out of bonds, out of bank cds and you put it into stocks. that movement up in stocks, according to some people will keep going, so long as bern keeps printing. bill: has he given and indication when that stops? >> yes, he says it will stop when the unemployment rate gets back down to the 6% range. at the moment it is very close to 8%. in other words he will keep printing for a long time to come. bill: that's a year, right? >> i think at least, yes. bill: we'll see you at 9:20. stuart varney, thank you. leading our coverage there. here's martha. martha: we'll keep an eye on that. the 9:30 the dow opens. we'll see if it opens higher. yesterday's close it was at a 52-week high.

it saw its highest close since october 9th, 2007. it was off 2.06% from the record close of 14,164 in 2007. that is the number to watch today as things open up. interesting to see. bill: we shall, yeah. also unions are gearing up for a major battle in detroit, michigan. michigan governor rick snyder, republican, declared a financial emergency in motown on friday, announcing the state will be stepping in to take control of the city's finances. detroit city officials say union contracts might be the first it go. the city alone has almost 50 unions. it owes about $15 billion it can not pay back. much of that is going to union retirement plans and other benefits. detroit the largest city in the country to lose control of its finances to the state. martha: new threat from north korea today, to cancel the 1953 sees fire that

ended the korean war essentially. it comes as the united nations considers new sanctions to punish north korea for the recent nuclear test. steve centanni is live in washington. what is the latest plan for sanctions against north korea, sieve? >> reporter: martha, this new round of restrictions will target north korea finances. tighten cargo inspections and blacklist more individuals. the u.s. will present a draft resolution to the u.n. security council today. that all comes in response to north cree's latest nuclear test and a series of missile launches. it includes positive input from china on this which appears to grow more impatient with its neighbor. the new leader kim jong-un has been mostly confrontational with the u.s. except for the unusual meeting with former basketball star dennis rodman. the white house is urging north korean cooperation. >> we urged the north korean

leadership to president obama's call to go with the path of peace and come into compliance with the its international obligations. north korea violated u.n. security council resolutions and throatened international peace and security. >> reporter: north korea would cancel the 1953 sees fire because it claims washington and others are resorting to aggressive acts, martha. martha: what is congress doing about this crackdown on north korea? what is their idea? >> reporter: the foreign affairs committees in the house and senate are looking for the latest plan of action pushing for tougher new restrictions on north korea and today the house foreign affairs committee is examining how criminal activities like snuggling, counterfeiting, drug trafficking and insurance scams are supporting the authoritarian north korean regime, martha. martha: wonder what dennis rodman thinks about all the details? thanks, steve. bill: he will probably tell us in short order. martha: i'm sure. bill: the korean war started

in 1950. 75,000 soldiers from the north, the people's army pouring across the 38th parallel. that is the boundary between the north and south. it was the first military action from the cold war. american forces followed alongside south korean troops which was largely considered a war against international communism. the fighting ended three years later. five million lives were lost. the korean peninsula still divided to this day. martha: new comments this morning from secretary of state john kerry who is on his first overseas trip in the job and he is sitting down with our own james rosen just moments ago. they covered a series of issues. here is what he said about the investigation into what happened on september 11th in benghazi. watch. >> in order to talk with people that they are doing everything they can within the fbi to conduct their investigation and to lay the ground work in order to be able to bring justice. >> we're six months out. >> justice sometimes takes

awhile when you operate by high standards and when you need the levels of evidence that we do but we are working at it and we will continue to work at it. martha: hmmm. big issue. secretary kerry may be pleading patience on benghazi but that sentiment is not shared by many lawmakers on the hill. now a key democrat has joined the obama administration's critics why it would be taking so long, six months now, to get any answers to what happened that night. you've got the cia, the fbi involved and nothing so far. ambassador john bolton coming up shortly on that. bill: this could be a big storm. extreme weather alert. new video in from minneapolis, minnesota. heavy snow falling there all the way down to chicago. hardy folks there used to it, but for the third straight week a massive storm crisscrossing the u.s. the next stop will be washington, d.c. we're told. then the storm could spell trouble all the way up the eastern seaboard affecting

millions of you out there. nearly a thousand flights canceled at o'hare in chicago and the windy city could see up to a foot of snow. the most they have seen in two years. relatively mild winter you could say with regard to the snowfall but --. martha: lack of snowstorms and right weather right after melts it away. we'll see. tough day for business travelers, sounds like. we're just getting started on this tuesday morning. a newly elected senator has what he calls an eye-opening experience with senate majority leader harry reid. >> senator reid that day, in casual conversation asked me, jerry, how do you like the senate? martha: why he says senator reid's response to that was, troublesome. bill: also reports of a drone sighting at one of our nation's busiest airports but what was it doing there? we have details on the investigation. a brand new state from the government on this we'll tell you what they're saying. martha: a woman at a retirement home denied help during her final moments of life, even as the 911 operator begs someone to

step in and help. new developments now today in this investigation. >> hand the phone to the passer-by. anybody there can do cpr. give them the phone please. i understand if you, if your facility is not willing to do that. give the phone to the passer-by, stra stranger. this woman is not breathing enough. she will die if we don't get this started. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.

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martha: well the fbi is reportedly joining the investigation into the death of an american engineer in singapore. this is a fascinating case. authorities there initially ruled shane todd's death a suicide but his family is accusing police there of mishandling the investigation and here's why. they believe that their son was murdered after he raised concerns that his employer was helping china to get some sensitive military secrets. he was shown a suicide note,

they were, that they say is nothing near his handwriting. that is what got them concerned. they want congress to now get involved. >> what has to happen, we need a congressional investigation. we want pressure put on the singapore government, the singapore police, from our government in a congressional investigation, to bring the two together and really investigate this as, for our u.s. security. martha: an intriguing and very sad story, the loss of this young man. the fbi reportedly accepted a request by authorities in singapore to join this investigation. watch this story. bill: kansas republican senator jerry moran recounting the days after he took office. a warning he received from senate majority leader harry reid who said much of the senate's important business would have to wait. >> senator reid that day, in a casual conversation asked me, jerry, how do you like the senate? and my response was, i'm very grateful for the

opportunity that i have been given. don't tell house members, particularly from kansas, i like the senate than the house. but leader we're not doing anything. senator reid's immediate response to me. jerry, you need to understand we'll not do anything until the last election. bill: that would be 2012. mary katharine ham, hotair.com and bob beckel. former campaign manager and host of "the five." if you're member of the senate, newly-elected that would be disheartening as it gets, right, mary katherine? >> that is what coming to washington is all about. i appreciate the senator naming his source, harry reid, unlike harry reid spreading rumors about one mitt romney. we'll take that as it goes. look, i think the democratic caucus is more than happy to do nothing when it suits their means. they like to talk about the immoveable gop while also taking an unprecedented four

years off from writing a budget which of course is their lawful duty. i think there is not enough print sometimes dedicated to imnovemberable democrats when they're, when they happen to be doing nothing. maybe this will help that. bill: let me put a fine point what he said. jerry, you need to understand, referring to senator moran, we're not going to do anything until after the election. bob, why would that be? >> for a couple reasons. first of all, this was during the time of the budget control act where they set up the super-committee from which all things were going to spring. you couldn't move anything having to do with finances until that committee made a decision or didn't make a decision as it turns out. that's one. and two, in when you move up to election year, presidential election year particularly, nobody does anything that will upset the applecart. bill: but mary katherine's point is you have your priorities. if you want to pursue something like confirmation of jack lew you can get that done in one afternoon. >> that's right. bill: the other big stuff when you have to show your

hand, forget about it. >> here is the problem. every time obama showed his hand, republicans in the house knocked him down. we couldn't get a piece of legislation passed through that house if it was the last thing we did. bill: mary katherine. >> you can pass a budget in the senate with 50 votes. go ahead do that. i welcome you. have at it. that is dereliction of duty they never take about. frankly look, yes it is true in election year less gets done because people are politically averse to risk but look, don't make you're talking points all about how no one else will get anything done. and frankly the president had two years with democratic house and democratic senate. we never hear about the years as if they ever existed. if the fed thinks federal government can salve all the problems perhaps there is flaw in the plan having a couple of people who disagree with you in washington ruins the entire -- >> let me say that during those two years he had health care reform the you may not like it but became law of the land. >> stop preend iting that it doesn't exist around all

four years -- >> i'm happy with it. i have run across republicans see this thumb. this thumb, i got bit by a republican the other day. i'm only kidding. >> really wasn't me. my teeth are big big --. >> it was --. bill: you let go. >> that's right. bill: bob, here is the problem. 1407 days without a budget. which leads to statements like the following from speaker boehner from last week that was colorful. >> the president's been traveling all over the country holding rallies instead of sitting down with senate leaders in order to try to forge an agreement over there in order to move the bill. we have moved the bill in the house twice. we should not have to move a third bill before the senate gets off their -- and begins to do something. bill: if you think about it, taxes went up post-election, 1st of january. immigration push, that started. sequestration settled in. all the threats were leveled. they can do anything they

want. just a question of will. >> not so sure they can do what they want to do. listen, do i think better for the senate democrats to have a budget? yes. do i think it was possible? no. it got down to the question once again of entitlements. if you're going to try to put a budget forward get anywhere near deficit reduction you will have to deal with entitlements. there is huge caucus on the senate side. bill: again, mary katherine, don't show your cards. don't show your hands because it could injure you politically. >> they're unwilling to deal with entitlements. they have at times said outright it would be politically not advantageous for us to put ideas down on paper. so we'll pass, thanks. by the way at that that's why we careen from crisis to crisis f we had normal order that wouldn't happen. bill: bob, last word. >> i think exactly what the republicans do with entitlements beyond the proposals for vouchers. i keep hearing from republicans all the time but don't see anything moving forward. bill: what do you mean? there were a lot proposals

during the campaign. people under 55. under 50. change the retirement age from 65 to 67. all kinds of things. >> put legislative language and movement. bill: in the house they have. they wrote it down. >> has raised the retirement age to 67? bill: they moved on that. the senate hasn't budged. that is the big point. that is what leads to comments like you heard last week about the donkey. you have a sore thumb worrying about the darn thing. see you at 5:00, beckel. mk. see you soon. don't bite that guy next time. >> i will try not. bill: he is soft on the inside as you know. see you later. martha: like a teddy bear. six months later still no answers. now, a democratic lawmaker is calling out the process. why he says it is painfully slow. at a dry cleaner, we replaced people with a machine.

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bill: which have new information out of venezuela. it is significant being red on television. regarding the health of leader hugo chavez talking about a respiratory infection hitting the cance cancer-stricken leader called to be very delicate. said to be suffering from a new infection. a quote, read on national television in caracas, venezuela. undergoing chemotherapy with strong impact. chavez has not been seen or heard from except for a photo released in mid-february. said to be in cuba for much of the recovery process. some believe he is back in his home country. martha: there is a desperate search going on at a popular ski resort. 17-year-old nicholas joy disappeared yesterday while sking at sugarloaf in maine. joy's father called police

after the teenager failed to meet up with him at the bottom of a run. they had skied down two separate trails which could not have taken that long span of time. wmxt is in live in hometown of bedford, massachusetts. what do they think happened here? >> reporter: you they, it's really anybody's guess. we talked to one of the relatives of this young man. she was saying. she was an aunt. tick last joy, 17 years old. went to sugarloaf. it was meant to be a fun ski weekend. they went up on the chair lift. they skid down separate trails. they were supposed to meet up on 1:30 sunday. nicholas never met up with his father at that point in time. rescue crews searched sunday and back at it this morning. that's where things are at sugarloaf. martha: obviously they're combing the tree areas. we all know of previous incidents where someone gone

off the trail and maybe hit their head. you know, i mean obviously that would be the first line of search i would imagine, right? >> yeah. you know there were reports that nicholas was not wearing a helmet. however that relative of his who we spoke with last night, saying he was very experienced skier, an avid skier. they're not sure what could have happened. there are conflicting reports whether or not he had a cell phone. this aunt we spoke with last night saying she didn't believe he had a cell phone. officials in maine on monday saying they did believe he had a cell phone. it may have been turned off or the battery may have been drained. at this point in time they're combing the area along the trail where he was supposed to be sking down. they did that all day monday. the terrain is very difficult. it is rocky and it is wooded in many areas. there are a lot of little crevices they need to look into. that is what they need to do back at it today. they started very early this morning. martha: wow, what a story. we'll stay on top of it. thank you very much for letting us know what is going on there.

bill: think about that part of the country. often times you associate it with the rockies out west where you are at ten, 12,000 feet. not there. martha: not as big a ski area as some of those. you would think they would be able to find him very quickly. never ski alone. that is one of the issues. if somebody goes off to the side and someone sees them and with them you don't have this kind of issue. we wish the family well. hope you find them. bill: u.s. uses unmanned drones for military missions overseas, we know that but did a drone get too close to one of america's busiest airports? what one pilot reported seeing as he landed here in new york city. martha: a crazy story. a new call for answers on the benghazi terror attack. this time it is coming from a democratic lawmaker who wants to get to the heart of the this matter. why one congressman is calling the obama a administration's investigation quote, painfully slow ♪

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bill: so here's a bit of a mystery now. an investigation underway into what a pilot saw flying only three miles from one of the world's busiest airports a jumbo jet pilot claiming to see a black drone hovering outside his cockpit window as he was landing at jfk in new york. rick leventhal live with the story in our stupid joe. that is pretty unusual. >> reporter: that is, bill. a "new york post" official said all years at airport he doesn't remember anything like this. could be a hobbiest toy plane it still raises serious concerns. it happened at 1:15

yesterday afternoon. a pilot of a al italia describing what a brac drone umanned aircraft on the final approach to runway 31 right. according to the faa which is investigating the pilot reported the sighting four to five miles west of the airport at altitude of 1500 feet t looked like a black drone about a meter square with helicopter rotors on the corner. the aircraft did not take evasive action and landed safely, bill. bill: do investigators believe there was sinister motivation at work? >> reporter: it is possible. any flying object can pose a dranker to aircraft. we've seen what bird strikes can do. a drone can cause problems if sucked into an engine. faa referred to model aircraft standards allows for flying remote-controlled airplanes recreation alley 400 feet and in sight of the operator. anyone flying a aircraft within three miles of the

airport is required to notify the tower or faa. joint terrorism task force is assisting with the investigation, to determine what the object was, who owns it and the motivation for flying it in the approach path of incoming jets. based on conversations i had this morning with local and federal law enforcement it doesn't appear to be terrorism related bill but we'll have to wait for a while to find out. bill: you heard from the ffa we'll see what comes of it. rick leventhal. >> a democratic lawmaker is now criticizing the u.s. government's investigation into the benghazi terror attack back on september 11th. it has now been nearly six months since four americans including our ambassador there, chris stevens were killed at the u.s. consulate. california congressman adam schiff is now saying this. it is going painfully slow. we do not have the access to all the people we would love to have access to in this investigation. right after these killing, president obama promised to find those who were guilty.

listen. >> we will not waiver in our commitment to see that justice is done for this terrible act and make no mistake, justice will be done. martha: justice will be done and we will not waiver. it has been six months. i'm joined by former u.s. ambassador it u.n., john bolton, a fox news contributor. ambassador, good morning. >> good morning, martha. martha: i want to play a little bit of sound. condoleezza rice was on earlier this morning. she also responded to the length of time it is taking. john kerry said we're working on it. it is just taking time. here is what the former secretary of state said. >> on this question of bringing people to justice, there i would agree with secretary kerry it takes time. if the libyan government such as it is not really in the a position to investigate and bring people to justice, that might well take some time. martha: we need to be patient? >> no. i think the problem here is that the obama administration is pursuing our response to this assassination in a

fundamentally erroneous way. they're treating it like a criminal law investigation. i think that's where these phrases like bring the perpetrators to justice come from although a lot of people use it to mean something else. look, it may not quite be like eating soup with a fork but it is like eating soup with a egg spoon. you're not going to get there in time. this is not a criminal law matter. this is not something that took place within a constitutional civil society in the united states. it was an act of terrorism and act of war against the united states and we should have pursued it that way vigorously from the get-go which we have not done. martha: there are three people on the suspect list of this. one is a leader of ansar al-sharia. one was arrested in turkey and was released after he got questioned by the fbi for three hours and he was released. the third is the islamist militant, ahmed. he is believe to known people there, have associates who were present there the u.s. has not been

able to question him. the egyptian officials questioned him. what can we point to that says the cia and the fbi are not doing every single thing they can here? >> for one thing we know the fbi was not permit understood the benghazi compound for weeks after the attack. i don't think that is because of lack of bravery on the part of the fbi. i think the whole way this thing has been handle was bungled from the outset. we may be at the point now where this trail is so cold that not even the experts in the fbi or the intelligence-gathering capabilities of the cia are going to be enough to remedy the situation. i think you have to look at this in a fundamentally different way. when terrorists kill americans, i think we have to go after them very quickly. we know, from what the consulate and embassy in libya were reporting for some time there were a lot of terrorist groups and training camps around benghazi. we should have been on them the day after the attack, pressuring them to find out information about who did it. i think we wasted an awful

lot of time. it is not that the investigation takes time unless you think this will end up in american courts with rules of evidence. that is not the world we should be fighting in. martha: yeah. you know, there were so many indications, ambassador stevens himself talked very you can go after an american ambassador and

official americans and do it with impunity. it has the look, the feel of the 1990s, where the embassy bombings in kenya and tanzania, still not resolved who did it. you have the coal. you have khobar towers, incident after incident obviously culminating in the tragedy of the first 9/11 in new york, and pennsylvania and washington. i'm afraid by reverting to this law enforcement paradigm that the obama administration has done just like the clinton administration in the '90s, we are risking a repeat. just like a tragic version of groundhog day. another massive terrorist attack. this time perhaps with weapons of mass destruction. martha: we know they have patience and we know they have time. we learned that the hard way. ambassador bolton, thank you very much. we'll see you soon. >> thank you, martha. bill: here is some good news. we're hearing this out of the state of maine by way of medford, massachusetts. we talked about the

17-year-old skier, nicholas joy. yesterday after apparently was sking down the mountain. they took separate paths down the mountain. the son never showed up. the father reported him missing e they think the worst happened. the ward enin the state of maine and nicholas joy was found and found alive. this is sugarloaf mountain in the state of maine. his father called police after he failed to show up. what in the world happened here. you go all night, overnight, into the morning hours where has he gone? has he gone off the hill? how do we locate him with no gps or no tracker. the police confirmed and so too fox out of boston this 17-year-old teenager has been found alive. martha: that is great, great news for the family. we reported the story moments ago. fantastic outcome. hopefully we get a chance to see him as he is coming out of there. we'll bring you an update as soon as we get it. bill: we're be in touch with police. as soon as we find out circumstances, good news out of maine. meantime, this is record.

the dow jones industrial average has never been in this territory before. now at 14,223. it is the highest mark ever. martha: wow. bill: for the dow 30 to trade. prior to that back in what, 2007, some five years ago. it was 14,100. if it closes above this mark, 164, 165 we'll have a new record for the dow. martha: strange dichotomy in the u.s. economy. we have new developments this morning in that deadly florida sinkhole story where another one may have just opened up. bill: also a criminal investigation underway after a nursing home resident collapses. a staff worker refuses to help despite repeated pleas on behalf of the following 911 operator. question today, were any laws broken here? >> as a human being, is there anybody there that is willing to help this lady and not let her die?

>> not at this time. @e@8ñúñ÷@

martha: martha stewart is returning to court today after a battle from the company she founded. two of the nation's largest retailers are involved in this. macy's is suing for breach of contract after stewart agreed to sell items in jcpenney's stores that would be in direct competition. this lawsuit is coming eight years, that what they're trying to decide, eight years after she lied about things related to a stock trade. bill: the 911 call shocking the nation now. a nurse at a retirement home refusing to perform cpr after a woman, age 87, collapses, what you're about to hear is an emergency dispatcher pleading with an employee at the home to act. >> yeah, we can't do cpr. >> hand the phone to a passer-by. anybody there can do cpr.

give them the phone please. i understand if you, if your facility is not willing to do that. give the phone to that passer-by, that stranger. this woman is not breathing enough. she will die if she don't get this started. >> i don't know where he is. is yelling at me we have to have one of the residents perform cpr. and she will instruct and i'm not going to do that. bill: employ owe on the other end of the line says it was against policy to intervene. that woman later collapsed and died at the hospital. the police are launching an investigation to see whether or not there is criminal wrongdoing to be found hire. here is bakersfield police. >> this investigation ultimately led to a criminal investigation into possible misconduct of employees at gardens if there was any criminal culpability for the deseen ant, elaine bayless. bill: rot wheeler.

former criminal investigator and ryan claypool. civil defense attorney. good morning to both of you. there is law enforcement angle and legal angle to it. thank you both for your time. rod on the investigation side. what do police look for here? >> are two main things, bill, they're looking for. whether or not the facility had history of abuse or neglect of the patients. that will be a huge part in determining whether or not they will seek any kind of criminal penalty against this woman. the other thing that is very critical here, whether or not there was any willful intent on behalf of this woman who may be a nurse, who may not be a nurse, i heard different stories, was there any willful intent or serious gross disregard of human life as far as her not taking actions. so from a law enforcement perspective that is the angle police investigators are looking at. bill: this is the latest report. that the staffer previously identified as a nurse was a resident services director, an employee there.

okay, brian, her defense is what then? >> well, bill, there is no criminal culpability here. the d.a. will not press charges here. bill: will not? >> no, they will not be able to press charges because they haven't broken a law or facility. they're not licensed or regulated by the state department of health and human services. so they have not been subject to any regulation. they haven't violated any regulation. morally they have done something wrong. this was not an assisted living facility. this was not a residential care facility. this was a senior apartment complex. bill: it was independent living. you're right, she was not being assisted. meaning she did not have a nurse with her for a period of time or even 24 day period but why does that matter, assisted living versus independent living? >> because assisted living means that you signed up for 24 hour health care. that means you signed up to have a nurse near your elderly folks 24/7.

if something goes wrong they have to be trained to be able to administer health, administer aid right away. when you're in a retirement facility like this was, you're not signing up for that. another thing, bill, glenwood gardens did disclose to the family there would not be any cpr administered if something like this happened. so the family was on notice as well. bill: if she were, if she were afraid of legal action, is that justified, not to act? >> no, it's not, bill. here is something interesting. this prompts another problem we have across the country. i commented on a case the other day about a bartender in ohio, bill, who was fired because she called the police on somebody she served alcohol to. she thought this person was drunk and was going to go out and kill somebody driving, right? she got fired by her employer for doing that. we live in society now where our employers discourage their employees from doing the right thing. bill: that is remarkable. the director of this facility, glenwood gardens,

said, the staffer did the right thing. now, rod, there are some states who have good samaritan laws. >> that's right. bill: if you don't act you can pay a price for that. >> well, vermont is one of those states. from what i understand the state of california does not have a good samaritan law. here is the thing you have to understand about the good samaritan law. if you're acting in the capacity of your occupation you're not considered a good samaritan. i must disagree a little bit with my copanelist, when we talk about culpability, when we talk about the culpability of this nurse, if she is nurse or had any training in her history and failed to take action, there may be, underline the word, may be some degree of culpability there. bill: brian, what about that. >> pill, that is not true because there's no way that the d.a. could prove medical causation. you can't just prove omission on the part of this woman. you have to prove that omission led to the death of this elderly woman. and 99% of the time when somebody has lost a pulse, even if you administer cpr

it will not save the person. so -- >> maybe not, maybe not, bill, led to her death but contributed to her death. contributed to her death. bill: we'll see in time very shortly whether or not police make a move on this case. by the way surviving daughter of this 87-year-old woman who is now deceased says she does not have a problem with the way they acted or reacted to her mother's condition. brian clay fool. thank you. rod wheeler, thank you as well. >> thanks, bill. martha: a winter wallop once again here this morning, folks as another big snowstorm is brewing. right over chicago, they will get dumped with snow right on the bull's eye. bill: she is accused of killing her ex-boyfriend in a fit of jealous rage. what we're finding out she tore out of her own personal journal. r ] from tracking the bus. ♪ to tracking field conditions.

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bill: now we know the man behind cape and the mask. this is not batman. this is 39-year-old stan warby he turned in a suspect wanted on a string of charges including fraud and possession of stolen goods. turns out the suspect he turned in was actually a buddy of his. and agreed to accompany him to the police shop. the costume he was already wearing that for a soccer match? thought it would be funny and left the costume on. martha: he looks darn good in it. bill: next time at soccer match --. martha: all right. back to this story this morning the journal of accused murderer jody arias is now at the center of her trial. police say she planned the attack on her ex-boyfriend travis alexander in jealous rage. earlier she was asked about the relationship history. >> the, were you aware of mr. alexander engaging in

other sexual behavior at the same time, with other individuals at the same time that he was engagedding in sexual behavior with you? >> at what time period? >> anytime period? >> yes. martha: hmmm. there is a picture of arias when she was dating alexander. on the right is her now, just a second. you will see that. she repeatedly changed her story about his death. she first said she had nothing to do with it. then she blamed it on masked intruders before she finally settled on self-defense. alicia acuna is live in denver with more on this morning. morning, alicia. >> reporter: good morning martha. it was a standout moment yesterday when jody arias was on the stand when her defense attorney asked her why alleged violent incidents with travis alexander were left out of the journal. she testified she didn't want to solidify bad things by putting them on paper. this was called the law of

attraction. arias said for the for the first time she was made to tear marriages out of her journal. take a listen. >> another reason is that, if travis were to read it in the past he made me tear out some negative things i had written about him. so, i didn't want to put more things on paper that were negative about him. i just wanted to focus on his good qualities, not, his short many comings. >> reporter: there was also an entry from september of 2007 that was introduced as evidence. jody arias read from that. it said, quote, of travis alexander, i love travis victor alexander. he makes me sick. he makes me happy. he makes me sad. and miserable. end of quote. martha? martha: hmmm. so the defense team, we got a little bit of wind of this in the question that we played right before we came to you. they're working really to paint him as, sort of a sexual deviant, right? >> reporter: right. and this really has been

part of the strategy to paint jody arias as more of the victim here and the person she killed as more of a perpetrator. and in court yesterday they replayed a phone call that jody arias had recorded between her and alexander. it was quite explicit. it doesn't contain much we can relay on television but doesn't really make him look good. that is the point here. also arias insists she discovered alexander was into wild pornography and something his family and friends deny. there is no evidence introduced in court to show that is true. martha: she stabbed him 27 times, shot him and slit his throat and she is trying to impress upon the jury she did that out of some sort of self-defense. we'll see if they buy it. alicia, thank you very much. bill: we're waiting live update from republican leaders in congress. they are in a closed-door meeting right now. can they get any closer to a new budget deal we wonder? martha: final preparations underway right now at the sistine chapel. how the cardinals are

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martha: old man winter still howling out there today, folks. here is live look at minneapolis, where for the third time this three weeks they have a powerful winter storm heading their way. they must be sick and tired hearing that. high winds affecting millions of people as it tracks east. mid-atlantic states getting ready for a cold blast. brand new hour of "america's newsroom." glad you're with us on this tuesday, everybody. i'm martha maccallum. bill: i'm bill hemmer. if you live in these states you're dreaming of florida or somewhere south of there. it might be the biggest storm of the year for some people. 50 to 60 mile-an-hour gusts and record snowfalls in many places. the mid-atlantic could be feeling effects and will over the next 24 hours. martha: we have team fox coverage this hour. maria molina is tracking the storm where it is nice and dry in the fox weather center but we start with mike tobin in really pretty

scene in chicago as it heads there. hey, mike. >> reporter: martha, we're getting the front end of it. we have been in the last hour here in chicago. six to ten inches are expected. how does that of a affect you in other parts of the country? so far 1000 flights have been canceled out of midway and o'hare airports. will it affect your travel plans, find a nice spot with a power out let and enjoy. drifts are up to three feet high in parts of north dakota. as the snow is coming down. driving has been treacherous in minnesota and wisconsin as the snow is coming down out there. here in chicago it hasn't been that bad so far because we're at the front end of the storm. the catch is you have a lot of people driving to work now. on the return commute the snow will be coming down faster than plows keep up. even though they have more than 300 plows at the ready. someone said go hawks in the background. chicago spirit is still alive and well. despite the snow coming down,

despite a pretty troch rouse commute. >> that guy is thinking about the game and not the snow. >> reporter: the hawks are doing great. martha: they call it heart attack snow. that doesn't sound good. i'm guessing it will be heavy? >> reporter: exactly, the wet, heavy snow that comes down and fills up the driveway. you get a lot of people, particularly elderly people, haven't done physical all year. they get out and get physical. it is a lot of work removing wet, heavy snow. what doctors recommend, hire a kid across the street to get the snow off the driveway. when i was a kid growing up here i made bank on days like this. martha: we encourage kids to help the elderly neighbors, do just that, make a little money at the same time. just like mike tobin you can end up successful like our own mike tobin. >> reporter: there you go. keep dry. bill: mrs. curly paved $15. mrs. sperber paid 20 bucks. i could hit them both, you know? rich man. martha: i can't believe i

got to pay 5 doctor more than my neighbor. where is that billy hemmer. bill: forecasters predicting the worst storm in 20 years. there has been snow in 32 of last 40 days. but not seen ten inches since 2011. snow fall recorded since 1886. since then. 43 storms dropped more than ten inches of snow in chicago. martha: it is a boom for some folks. cabbies in minnesota hit hard by the storm say the messy commute could mean they will make a little bit of extra money today. >> if you you need a cab to the airport less likely to ask a family member to drive you. maybe they is missed the bus connection. maybe the car got stuck. maybe they can't get the car out of the driveway. maybe they hate driving in snow. for whatever reason cab business gets very busy when it snows. martha: as the storm moves eastward rain will become an issue so where is it going

next? team fox coverage continues this hour. meteorologist maria molina tracking the storm. what's up? >> good to see you. good morning everyone. the storm is headed eastbound. i do quickly want to minutes the corridor forecast for philadelphia and new york city it will be a very tricky forecast. we could see a little bit of snow accumulation but that rain-snow line will be hovering around these cities. we could see more rain than snow. it all depends where the line sets up and what the temperatures are. for d.c. we're calling for anywhere between five to eight inches of snow. that is big news for d.c. that is the biggest snowfall we've seen in two years or even longer for some of those people out there across the mid-atlantic. we're keeping an eye on the storm system that is centered across portions of iowa into minnesota. the snow is moving into chicago like you saw in mike tobin's hit. we'll continue to see the snow coming down across the region on. we have winter storm warnings in effect because the wind will gusting up to 20 to 30 miles an hour

across the region. that will produce the whiteout conditions and those flight cancellations and delays in the bigger airport hubs in that area. a couple counties west of d.c., about two or three. some of these places could see up to a foot or even more of snow. that is the area shaded in pink across sections of northern virginia, western sections of maryland, the state of west virgina. again you could see over a foot of snow, especially as you head into some higher elevations. right now d.c. and baltimore just under a winter storm watch that could be upgraded depending on the exact forecast as the storm continues to head eastbound of the by wednesday afternoon at noon we should see the snow across d.c. and pennsylvania. we should see rain across philadelphia moving into the new york city area. the wind will be a huge issue here as we head into wednesday. we're talking gusts up to 50 or 60 miles an hour, bill across coastal areas. atlantic city this will be a huge problem for you. we have coastal flood watches across parts of delaware, new jersey,

long island and into coastal areas of connecticut. something to keep an eye on along the coast, rain and certainly the wind. bill: crazy months of weather here in the northeast. maria, thank you. old man winter is not done with us yesterday. martha: cardinals around the world are meeting today in the conchraf to elect the next pope. no date is set until all the cardinals are there. most are there but some are on the way to vatican city in rome. we hear they will get underway as soon as everybody is in attendance. amy kellogg is in attendance. she joins us live from beautiful rome. hi, amy. >> reporter: martha, if you were to ask the press corps here they would say one of the greatest vatican mysteries why aren't all the cardinals here by now? anywhere between two and five are still missing. apparently, martha, they have prior engagements but a lot of us are wondering what could possibly trump being here to get ready to elect a new pope? in any event they have two

weeks from the time that the see goes vacant to get here. so in fact they're not doing anything wrong and the vatican says this is perfectly normal. however, they are not yet here. in any event we just heard from a couple of u.s. cardinals who have been at the meetings, dinardo, and o'malley, saying choosing the pope is such an enormous task they don't want to feel governed by a sense of urgency. >> i agree with you. i think this is the most important decision that some of us will ever make and we need to give it the time that's necessary. obviously the legislation of the church gives us, you know, a max mum of 20 days but, experience has shown that usually that much time is not necessary. >> reporter: all the cardinals, martha, we've been speaking to these last few days say they do want plenty of time to deliberate in this general congregation

because they want the conclave, once it happens, to go very quickly. martha? martha: we will see. amy, thank you so much. we'll be watching. bill: we're learning a little bit about a phoney cardinal who tried to make his way into security or secret vote talks yesterday. he was wearing a makeshift bishop costume and arrived at the vatican with entourage of fake clerics. that is real picture of real cardinal in the middle. the real guy has the black hat on. he made it stopping outside the sistine chapel. identify ralph chapersky of germany. he is thinking of halloween costume he already got one. the vatican --. martha: big give away if we had a full shot of him, is sneakers. he is wearing black sneakers. everybody else there is dressed in proper leather shoes. a little bit of a giveaway. the fedora a bit of a tippoff.

that there is that for you this morning. a little funny stuff for you. dire warning about america's economy. that is what we'll be talking about coming up. credit agencies are now saying, gee the sequester was good in terms of cutting but they want more or else they're threatening to downgrade the united states credit. we're going to talk about that. bill: also a moving train going head-to-head with this truck. more of that in a moment and how the driver of that truck turned out. martha: wow!. plus after the sinkhole that swallowed a florida man, another one is opening up. we're going to speak to a geologist about how come on -- common these are in the sunshine state. meanwhile the family is coping with an incredible loss. >> i have no idea what's going on with my, my 2-year-old daughter, keeps asking, where's jeff? let's go get jeff? let's dig jeff out of the hole. mommy, daddy, let's go home.

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martha: key credit rating agencies are now saying that $85 billion in automatic spending cuts is simply not enough to prevent them from downgrading u.s. credit. they say the u.s. government would have to do a lot more to reduce the deficit if we want to avoid having our credit rating come down again. wow! steve hayes joins me now, senior writer at "weekly standard" and fox news contributor. steve, welcome. >> good morning, martha. martha: we were told this would be devastating affect to the economy if the sequester kicked in. now we're hearing from ratings agencies will not cut it. it is not enough in fact. >> right. martha, you and i and bill talked about this so many times before. this is something of an obsession of mine. the real problem, the real issue is our debt trajectory as a country. are we actually changing the trajectory of our debt so

we're not going up in perpetuity but eventually bringing the national balance sheet toward balance at some point? while the sequester made some modest cuts in the short term it does nothing whatsoever to structurally reform or fundamentally change the way that our entitlements are, are implemented these days and until we do that we're not going to change the debt trajectory. until we do that i think we'll be on shaky fiscal ground as a country. martha: it is fascinating the agencies say they're happy that the capitol hill folks didn't scrap the sequester all together. they say they were worried they would say, we'll not have the sequester because they feel we needed at least that, at least $85 billion to come out of the budget to make some forward movement. and there are also concern that because they couldn't reach a different kind of deal on this, that was more effective cuts and things that would have a longer term impact, that, it is a signal of government dysfunction in the united states. >> right. i think that is exactly

right. you look at the process that led us to the sequester. remember, the super-committee was to find these elusive cuts and make the long-term changes to our entitlement programs that never happened. so that is why we ended up having the sequester. i think the rating agencies, along with pretty much everybody who can do math understands that if you look at the long-term picture the united states we can't sustain these enlightment programs and i think republicans in the past have begun to grapple with exactly what that means and what those changes will have to mean for the country going forward. it is why paul ryan included those in his budget proposals over the past couple years. it will be very interesting to see looking forward house republicans then senate democrats and then the president present their budgets to the country, who deals with entitlement programs? who proposes actual reforms? martha: looking forward to them presenting their budgets to the country. it hasn't happened in some time. that is hopeful note you're striking there.

>> i try, you know. martha: because it really references exactly what you're talking about. entitlement spending versus total spending in the united states takes up 57.5% of our whole pie is basically medicare, medicaid, social security. is that larger chunk that you see on the red. projected 2013 spending on entitlements in this country, $2.044 trillion. and you know, really, i mean for practical purposes there's no suggestion that number is going to get any smaller anytime soon. >> no, absolutely not. in fact we know for certain it won't get smaller. it will continue to increase and increase ex-pope nextly in the coming -- expoe nextly in coming years. baby boomers retiring. elderly needing more medical care. the number is going to grow. the question is what we need to do to change incentives in the entitlement programs to make it sustainable.

people that are panicked about the cuts to discretionary spending included in the sequester, if you look down the road 20 years we'll not be able to fund agencies out of the revenues that our federal government brings in because all of those revenues will go towards funding our entitlement programs. so the people who are most hurt by these sequester cuts are going to be hurt even more down the road to say nothing of the fact that we're, i think doing something immoral as it relates to our children and the kind of debts that we're passing onto the next generation. martha: you know the argument seems to be the same to some extent on both side. oh, we'll not cut off seniors. we don't want to change their benefits. and yet that is exactly what you will be doing if you don't take some sort of action. you will feel the effect of this down the road whether it's today or tomorrow. now this notion of lowering the age, or raising the age i should say from 65 to 67 just as an which is one of the things paul ryan put out there, seems to a lot of people like a pretty

practical idea because it doesn't impact seniors today. it impacts seniors in the future. why do you think that doesn't get any traction? even with conservatives in washington in terms of proposing it in a very real and legitimate way? >> well, i think you have some people who have embraced it or at least understand that is one step towards a longer solution. i mean, it is a good step, a good short term step. the question what you to do to change incentives? i would say it is a necessary step but not a sufficient step. you have to change incentives whether talking about medicare or medicaid and how we, the federal government shifts money to the states. you don't want to allow in the context of medicaid, you don't want to allow states to be rewarded by spending more on medicaid which is the situation as it stands today. if you block grant medicaid to the states for instance, it changes the incentives a little bit. it doesn't insure they will continue to get more money for medicaid every year by spending more on medicaid every year. martha: steve, thank you very much. steve hayes. >> thanks, martha. martha: we'll see you soon.

bill: this is crazy. breaking news on a car chase after a police car was stolen. so the police are chasing the police car. in a moment here you will see how this thing plays out and where it happened only a minute ago. that will be up after the break also. >> more breaking news on the teen missing at a popular ski resort. we'll talk with police next. how they found him almost two days later. that's coming up. marjorie, i can't stand you.

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martha: you don't see this every day. this one out of camden, new jersey this morning, where a woman stole a police car, took off in it. this is what happened when they got her out. they were not too happy with her. bill: didn't last long. martha: they were chasing

her and she was driving one of her police cars. it was damaged and she must have hit something along the way. but these police are none too happy with the women. camden, new jersey is one of the most dangerous cities in america, folks. one of the highest murder rates in the country is in camden, new jersey. this is what played out on streets this morning. just another day. bill: must have been quite a scene, don't you think? martha: absolutely. bill: where the police cars were chasing the other police car in broad daylight through the streets of camden, new jersey. the folks on the sidewalk, what is going on here? but the question is how she got the car. martha: what goes through your mind when you think about stealing a police car. bill: there is report that the officer was assaulted. somehow the officer was outside the car when, and in some manner, shape or form this altercation occurred and she was able to get in the drivers seat and drive away which is, not what you want. so. in due order she was taken down there in camden, new jersey. martha: not going anywhere anytime soon i would

suspect. bill: you have got that going on right now. you have this going on. in the state of maine there is good news and joy for a 17-year-old by the name of nicholas joy. press conference seven minutes away up there. this was a skier who was separated from his father on sunday afternoon for two days they have been looking for him. he has now been found and he is alive. doug raferty, director of public information and education with the maine department of fisheries and wildlife out of augusta, maine. good morning to you. >> good morning bill, how are you? bill: i'm fine. thank you for your time. the big question is his condition. how is he? >> as far as we know he is in pretty good shape. he was spotted this morning on a snowmobile trail on the back of sugarloaf mountain on the caribou pond road and he was brought in by that snowmobiler and met up with our wardens and so forth. he is being taken, at this time to franklin memorial hospital for evaluation and we should get an update on

his condition there. bill: frostbite, hypothermia, do you know? >> frostbite is a good possibility. hypothermia is also a possibility. dehydration, we don't know about because, you know, with snow and so forth in the mountains, why you can always get a little bit of that. but, i'm sure he is cold, he is tired, he is hungry. but, the good news he is is alive and everybody's, we've got about the best end of this search we could have hoped for. bill: you're right about that. there's a report that he built a snow cave and slept in it overnight. is that true? >> as a matter of fact when he, and this is what happened. he, apparently got off and went out of bound while sking down the trail and instead of, you know he thought he could get back. couldn't and kept going and, so forth. when he found out he couldn't get out for the

night and built a snow cave and stayed in that. yesterday he came out of that snow cave and walked a short distance and so forth. took a look around this and that. didn't see anything. didn't hear anything. so forth, he was just deep in the woods and knew that he couldn't get any help immediately. so he went back in that snow cave and stayed there last night. came out this morning, decided he better go for it and started walking and came across that trail and that's where the snowmobiler found him. bill: that is rackable. >> yeah it is. really is when someone goes like that and does the things that you want them to do in order to stay alive and so forth, that's, that's really remarkable. bill: is the snow deep enough in the woods section away from the resort area? where you can walk through or is it too thick there? >> yeah. i had one report yesterday that we had a snow pack in that area of five 1/2 feet. bill: whoa. >> so, in the woods and so

forth it might be less than that but it would still be plenty of snow. bill: all right. we'll get more in a couple minutes when we listen to that press conference. how is his family doing? have you talked to them? >> i haven't talked to them. i know i talked to warden taking them in to see him and so forth and as you might expect they're pretty proud people at this point. bill: i bet. doug, did he say, did he, he went off a different run from his father. that's the report? >> yeah. bill: did he elect to go out of bounds or go off an area where he could not, i guess hold his skis? >> yeah, i really, i really don't know that for sure, bill but i do know when you're up there on sugarloaf and some of those twists and turns and so forth it's pretty easy, if you're not careful, to get off and out of bound and separated. so. bill: doug, thank you. >> well, you're quite welcome. bill: we'll listen in couple minutes for you when the press conference begins.

so you have a happy ending. >> yes we do. bill: for the joy family in sugarloaf mountain, maine. martha: typical 17-year-old. i will go this way through the trees and meet you at the bottom and thank goodness that boy is okay but always a good idea to ski together. sugarloaf has been one of the training areas for a number of u.s. olympic ski team members including bode miller. it is a good mountain. we're so happy for the family that everything turned out okay. joyous day for the joy family. we want to bring you this as well. there are new developments in this awful story this week about this sinkhole. another sinkhole now opening up we understand. what is going on here? >> we're going through hell right now. my mom waking up every hour on the hour crying in bed. she is going through hell. no one ever wants to bury their kid before they go

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heights a sizable city and if rebels are able to hold onto it and it's not clear if they will be able to it will be most a strategic victory and really symbolic blow to the bashar al-assad regime. they have not only torn down the statue but captured the governor of the prove vipps, the highest ranking syrian to be held by the opposition. probashar al-assad forces are mount ago counter attacks and there are reports that syrian jets are pounding rebel and opposition force necessary tha forces in that area. martha: who do we believe its in control of the city right now? its so hard to tell. >> reporter: it is. an islamist group they say has took hold of the city. they have been aeubl labeled as a terror organization by the

united stay. right now there is still a lot of fighting going on around this city in this entire province, martha. martha: connor, thank you very much. boy, such a tough situation. bill: remarkable sight, isn't it? back at home now a second sinkhole opening up in florida about two miles from the one that swallowed part of this home on thursday night literally swallowing a machine alive. we are getting a closer look at the original sinkhole, 30 feet wide and 100 feet deal. the family members have been dropping flowers and pictures into the ground there. jeff bush only age 37 has not been found. we are hearing is body lies unlike low to ever be located. out of florida jerry black is a ge geologist, vice president of environmental field hazard. good morning to you sir. i'll show a map to you in a moment. what do we need to understand

about sinkholes, specifically in florida because it happens so often there. >> right, sinkholes happen in florida because the bedroom underneath the surface is limestone and it's naturally s so lurks able. and cavities can form because of the rainwater and groundwater seeps into the soil, and it happens when the soil above falls into the cavities. normally the occurrence has to do with how close the limestone is to the surface. bill: let's show our viewers a map here going back to 1954. all the blue dots you see in the state of florida, that is where sinkholes have been found and reported since 1956. orlando. tampa, and saint peach where there is a good number of them here, and just in the mourn section of there.

sir, can you know when a sinkhole is going to give way? is there some sort o detection device or is it surprise? >> the collapse sinkholes are very hard to predict but there are also the slower sinkholes that flow over time. you can get small depressions at the surface and see cracks in your home before something else happens. looking at the map the dots are indicative to where the limestone is close to the surface and in that i for corridor, especially in the spring hill, hernando, pasco and tampa area. the limestone is closer to the ground. the eastboro ones also. bill: they have been searching

for this man's body for days and haven't found them. we showed our viewers what happens oftentimes in florida. one woman taking legal action after a gaping hole opened up in their backyard tries. char louisiana chapman is suing the engineers who inspected her home and the insurance k. she said two sinkholes opened up in her backyard in 2010, again 2011. the first time she suffered minor injuries. the second time she was nearly buried underground. here is her chilling 911 ground after the holes opened up. this is here on the telephone, listen. >> i'm in the ground! >> you're in the ground. >> i'm in the ground, hell me. >> i have an emergency at my house, my wife fell into a sinkhole. >> carla chapman has an attorney, his name is scat lead, he's in that now. sir, good morning to you. >> good morning. bill: on what ground is your

client pursuing this case. bill: there are essentially two ground for purchase seeing the case. as the geologist has mentioned, there are khaoeupbs. signs. the chapmans made a claim with their inch shaourps county and engineers confirmed sinkhole activity on the property. action was delayed and delayed. we have rean to believe that the engineering during your boring studies hit a underground water source that hastened the sinkhole activity. no action was taken, somebody we trust like an insurance company we believe and the engineers. bill: does she have a responsibility? she goes out and hires these people, she takes their word for it and goes forward with the purchase of the property. what is her responsibility as a homeowner? >> that home was murder years before. this entire neighborhood has sinkhole activity. this was a sinkhole claim for property gage that was being evaluated by the insurance

company. bill: okay and your case at this point stands where? can you win it? >> the case is in litigation, i hope to win it as i do most, yes. bill: thank you. what ha phenomenon it is to watch it from another state and think how often it has happened in one particular state in florida. scott lee thanks again out of miami with us there. 21 minutes before the hour, martha. martha: there are big changes in the hazing death trial involving marching band members. do you remember this story? how acquitted murder suspect casey anthony also may be linked to this case? bill: also -rpbgs governors a tkpwofltzs at the border states questioning release of thousands of illegal immigrants. safety a big concern, is there just money or is there politics too? ♪ if loving you is wrong

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>> new charges and a new prosecutor in the florida a and m band. a student died in 2011 after he chanced. they say he was beaten in a hazing ritual. ashton was on the team that failed to convict casey anthony. he upped the charges from hazing to manslaughter in this case. the school has made sweeping charge changes to ban hazing. the band is suspended. martha: secretary janet napolitano promises that more illegal immigrants will be released because of these budget cuts. here is secretary napolitano on this yesterday. >> we are going to manage our way through this by identifying the lowest risk detainees and putting them into some kind of

alternative to release. >> related to sequester or not? >> several hundred of related to see tere buto sequester but it wasn't thousands. >> senator jeff blake wants to know how it will affect his state of arizona. good to see you again. >> thanks for having me on. martha: what do you make of what janet napolitano is saying here, because of the sequester they have no choice but to release hundreds of detain haoe detainees, and more is to come. >> she says it's several hundred, what we do know is that there seems to be no coordination whatsoever with state and local po location local officials. if hour a loaning cal sheriff won't you want t -- local sheriff won't you want to know from they are releasing them

into your community? it's a lack of planning for public officials to know what to do. martha: there are mixed signals about who gave the order to start the process. ohio was -pt surohioi.c.e. doesn't know who gave the order. how does that workout. >> it seems nobody wants to take the blame for this action. there is still a lot of finger pointing as to who ordered it, who is going to carry it out, what is going to happen in the future. we just know very little. and if things have to be done for the budget, an come to us, or at least talk to local officials and let them know who is being released, when they are coming back, what kind of release it is. do they have ankle bracelets, what kind of detention -- she says there are alternatives to detention, what are those alternatives? what kind of money is it saving? we just don't know these answers. martha: we've been led to believe when it comes to illegal

immigrants only the truly dangerous were being locked up. if they were in the country illegally and there were minor infractions that they would not be in prison. now we are being told that of those truly dangerous who had to be incarcerated they are releasing those who are the least dangerous to society. so that doesn't seem to really add up either, does it? >> it doesn't. these an excellent point. we don't know what charges have been brought against the individuals. we don't know what kind of priority they are working through. they just haven't told anybody. like i said, they have not even coordinated with local law enforcement. you'd think at a minimum that's what they would do, but that's not been done here. >> what about the choices that are being made in terms of where this money is being cut? if there are things that are being done, and we've heard everything from an aircraft carrier in a wasn't able to be deployed to these people who are being let out because they can't be held any more as a result of

sequester. i mean, obviously a lot of folks would have liked to have had the opportunity to say, well let's use that money to keep these people incarcerated if they are dangerous, and let's cut from some place else. that cat is long out of the bag, right? >> we in the senate, the republicans in the senate actually passed legislation last week to give the president more flexibility in this regard. we all know that there is a lot of waste, there are a lot of programs that we can cut, and if they don't have the flexibility, if they need that flexibility then please ask us for it, we'll be glad to give it. but this is a situation where it looks as if, like in other areas, they are choosing to make cuts that will move congress to do this or that rather than what will actually save the taxpayers' money or what actually should be worked on jo you're saying they are making these cuts because they want you guys to look bad? >> i think if you look at some of the other cuts that have been made and announcements made

about cuts whether they are happening or not, it's tough to conclude otherwise, that they are looking to push congress in one direction or another. martha: and this continues, and gets worse? i mean the president told us basically you wouldn't feel some of the impact of this for quite some time. how much worse does it get? >> i think we could he can stpebgt in certain areas to have quite an impact. a lot of the areas the impact is exaggerated quite a bit. we are talking about 2.7% cross across all of government. in some care kwras it's more concentrated than that. what we do know is we have to make serious and significant cuts, and the notion that we are going to backfill some of these cuts with tax increases, that is just a nonstarter as it should be on capitol hill. martha: the credit agencies say they want more cuts. they say the sequester wasn't enough to stem the t ide, as far

as they were concerned. senator flake always good to see you. thank you very much. bill: jenna lee is here to talk about what is happening. jenna: breaking news from the benghazi terror attack. we'll play you james rosen's interview with john kerry, his first sit down. for the first time senator serrie saying he visited a survivor of the terror attack in benghazi at walter reed. we'll talk to the congressman who is demanding for information, how many survived the attack, how many are at walter reed, why hasn't anyone talked to them. the growing controversy over a key group supported by the president, coming up. bill: thanks, too much the hour. a chilling width kwroe oville kwroe being thrown out of a window --ville kwroe of a baby being thrown out of a window. now we know why her family did

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martha: this is newly surfaced surveillance video that shows a 2month-old being toss ned a baby car seat from a window. my goodness. dramatic evidence that has just come out in a trial of a new york arsonist. the family was inside at the time of the fire. the baby's father said he had no choice, this was miss best alternative because the apartment was engulfed in flames, and he tossed the child in that car seat out the window to the bystanders. they were unable to solidly catch that child. the arsonist is accused of killing five other people inside that building. the nats su survived. the child survived but has

developmental issues that maybe the result of fall. bill: on the national gun debate now. a survey of more than 10,000 educators finds that nearly 90% support the idea of having armed police officers in schools. william la jeunesse is looking into this survey. what did it find? >> reporter: lawmakers, lobbyists, pundits on school safety, for the first time we are hearing from teachers. 10,000 surveyed, all 50 states. 92% say they feel safe in their schools and their students do as well. asked if their school was safe from gun violence, nearly a third said no. when it comes to guns 70% do not want to be armed themselves, but a majority, and here is the headlines surveyed favor cops on campus provided their guns are secure. >> they definitely don't want to have them in the classroom. it appears they would rather rely on an armed police officer

to do that for them. 90% said it would enable them to feel more safe if there was an armed police officer at the door. >> reporter: despite the outcry after the nra happens announcement about a third of schools nationally currently do have armed police on campus part of the day. bill. bill: what did the teachers you spoke with have to say. >> reporter: number one they want a skwroeut joys in any school safety plan and think parents should as well. most accept armed cops at schools where district have invited police to open some stations inside schools. in arizona the attorney general supports allowing trained school employees to keep a gun nearby while on campus. among those we spoke to, however, opinions were mixed. >> i don't think that there is a desire to put arms on the campus at all. we want the campuses to be safe. you achieve that by controlling the periphery, that is preferable. >> the idea of putting policemen

in any schools is a good idea because it will build relationships between students and police officers. >> reporter: teachers do seem to be -- to prefer armed police rather than security guard and some of them around the perimeter as opposed to in the school. bill: thanks. martha: an investigation is underway right now after a pilot reports seeing and even usual flying object near one of our busiest airports. [ female announcer ] the best thing about this bar

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